Joshua Gunter, The Plain DealerCleveland Mayor Frank Jackson has support from Democratic Sen. Niina Turner, left, and other lawmakers from both sides of the aisle, but his school reform plan faces opposition from some charter school supporters.

COLUMBUS, Ohio -- Some charter school backers say the Cleveland school reform legislation would unfairly limit school choice options in the city and are taking their concerns directly to state lawmakers.

The plan would allow Mayor Frank Jackson to appoint a Transformation Alliance panel that could block future charter schools from opening in the city unless they meet a set of academic criteria the panel would later develop.

As lawmakers begin this week to deliberate over two companion bills -- House Bill 525 and Senate Bill 335 -- objections from charters are threatening to be a major sticking point. Jackson wants a new law in place soon to help start a fall levy campaign, and legislators are expected to go on summer break by Memorial Day with or without an agreement on the plan.

"The whole thing in a lot of ways is a giant trust building project," said state Rep. Ron Amstutz, a Wooster Republican, who is sponsoring the House bill. "The education issue has been a source of frustration for that community for a long time, and there is now some early stages of hope. I'm optimistic we can work through this issue with the community schools."

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Jackson, the only mayor in the state with control over a school district, wants to raise the educational performance throughout a city suffering from generations of poor academic achievement. But charter operators say anyone heading the Cleveland schools is the wrong person to place in control of their schools.

"I think the way the bill is currently written it gives the alliance much too much authority in that it could preclude operators from opening schools," said Richard Lukich, founder of the Constellation Schools, a charter school outfit with 19 Northeast Ohio schools, 12 of which are in Cleveland.

"To me it is illogical to give a district that is as poorly performing as Cleveland authority over charter schools," Lukich said.

More schools? Need approval

Under the plan, if Lukich wanted to open future schools, he would need approval from the transformation panel, which he said is unfair.

"Our goal is to continue opening schools in Cleveland and competing against the district and continuing to take a larger market share," Lukich said. "We shouldn't be forced to jump through more hoops."

Supporters of the Jackson plan are not backing down. They say the plan is not about limiting competition among good schools but to expose and eliminate the bad ones.

"The Transformation Alliance is definitely necessary in order for the bad charter schools to stop opening up in our district," said state Rep. Sandra Williams, a Cleveland Democrat who is sponsoring the House bill with Amstutz. "They are taking away money, they're not educating our kids and then they're dumping the kids back on the streets."

Jackson's proposal is unprecedented in that it would allow him greater control over reassigning and laying off teachers while also forming the alliance, which will grant him some authority over charters. And it also is gaining an unprecedented level of support.

Both bills were introduced with bipartisan backing and have since picked up an eclectic list of about a dozen co-sponsors, from ultra-conservatives to moderates to unyielding liberals.

Republican Gov. John Kasich jumped aboard early, giving the Democratic mayor's plan an early boost at the state level. Even what figured to be the plan's biggest hurdle -- addressing collective bargaining matters with the city's teachers union -- is no longer an issue.

But addressing the charters is a problem, lawmakers acknowledged. The GOP-controlled General Assembly is crawling with lawmakers perplexed by this bill -- on one hand seeing no harm in helping a struggling urban district but worried about bending their school choice loyalties.

Impasse, then agreement

Amstutz noted that a month ago, the bill appeared to have no shot because of the impasse between Jackson and Cleveland Teachers Union over the mayor wanting more power to fire or lay off low-performing teachers. But the two sides did reach agreement.

"There was at the start of that no room to move, and it looked like this was going nowhere, but ultimately they were able to reach an agreement," Amstutz said. "I hope that we can do that on this issue."

State Sen. Peggy Lehner, who heads the Senate education committee and is co-sponsoring the Senate bill with Cleveland Democratic Sen. Nina Turner, said she doesn't think there is much room to negotiate.

"We have to look at what is best and how to consider some of the concerns of the charters without it affecting the underlying intent of the bill," said Lehner, a Dayton-area Republican. "But the mayor has made it clear that he doesn't want to see the bill diluted in any way, and we wouldn't want that either."

Lehner also noted that not all charter supporters oppose the plan.

"Unlike the unions, the charters don't speak with one voice," she said. "So we've heard from some charters that do support the plan and others who do not."

"We are supportive of the bill for sure because it creates better schools -- better public schools and better charter schools," Cox said. "Our mission is for every parent to have a chance to send their kids to a good school, regardless of whether it is a charter."

The Ohio Alliance for Public Charter Schools has also come out in support of the plan. But Cox also said that he understands the concerns of other charter operators who worry about the power of the Transformation Alliance.

Under the plan, Jackson would appoint a panel that would annually assess the academic progress of all public schools in the city -- both the district and charter schools -- and report those findings in an annual publication to the public. The worst schools could eventually be forced to close.

The alliance also would develop criteria for future charter schools to open within the city. Charter operators would have to apply to the alliance, which would decide whether to allow the school to open. If rejected, the charters could appeal to the state board of education, which could review the decision using the alliance's criteria.

Ron Adler, of the Ohio Coalition for Quality Education, says state law already closes charter schools that are not showing academic progress. Besides, he said, Jackson hasn't shown that he can be the judge of what is an acceptable school.

"There are no perennially failing charter schools in Cleveland or anywhere in Ohio right now because the law won't allow them," Adler said. "So Cleveland has nothing to fear from that. Besides, Cleveland hasn't earned the right to tell charter schools what they can and can't do."

Charters are hardly getting the short end of the stick. Some of them could eventually share in revenue the district raises through school levies. Jackson, in fact, is planning a levy for November, which is why he so urgently wants to see his plan approved by the legislature and signed into law by the governor.

Sen. Turner noted that the bill does not affect existing charter schools and said that if a charter is opening with the purpose of providing a high quality education from day one, there is nothing to fear from the alliance.

"The only ones that need to worry are the ones that are not educating our children in a way they deserve to be educated," Turner said. Charters "are bringing up some legitimate concerns, but they cannot be allowed to stand in the way of progress."

The first House hearing is expected on Tuesday and the first Senate hearing is scheduled for Wednesday.